Gifford v. Oneida Savings Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William E. Gifford, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Madison on the 15th day of June, 1904, granting among other things the defendant’s motion to bring in certain persons as defendants. William Roberts died in January, 1896. He left him surviving a widow, Fannie L. Roberts, and four children, one of whom is Emma Gifford, the wife of this plaintiff.
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Appeal by the plaintiff, William E. Gifford, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Madison on the 15th day of June, 1904, granting among other things the defendant’s motion to bring in certain persons as defendants. William Roberts died in January, 1896. He left him surviving a widow, Fannie L. Roberts, and four children, one of whom is Emma Gifford, the wife of this plaintiff. In the decedant’s will Fannie L. Roberts, his widow, was given “ the use, rental, profits, occupation and control of all my real…
1Opinion of the Court
Smith, J. :
The determination of this controversy depends upon the construction properly given to section 115 of the Banking Law. The part of the section material to the controversy reads as follows: “ In all actions against any savings bank to recover for moneys on deposit, therewith, if there be any person or persons not parties to the action who claim the same fund, the court in which the action is pending may, on the petition of such savings bank, and upon eight days’ notice to the plaintiff and such claimants, make an order amending the proceedings in the action by making such claimants…
2Cases cited1 opinion
- McGuire v. Auburn Savings BankAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Scheffer v. Erie County Savings BankNew York Court of Appeals · 1920